Biden Administration Resource Center for Businesses
Biden Administration Resource Center for Businesses
Recent Publications
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Biden Issues Executive Order Instituting a “Whole-of-Government” Approach to Supporting Digital Asset Innovation and Mitigating Its Risks
President Biden has laid out a first-of-its-kind “whole of government” approach to supporting digital asset innovation and mitigating its risks, prompted by the explosive growth of cryptocurrency and blockchain technology.
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Biden Administration Warns of Increased Sanctions and Export Controls Enforcement
The Biden Administration has warned that it is ramping up efforts to enforce the new and pre-existing Russia/Ukraine sanctions, including by creating a DOJ task force focused on investigating potential violations.
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The Biden Administration’s First Two Weeks of Sweeping Sanctions and Export Controls on Russia/Ukraine
In response to Russia’s invasion of Ukraine, the Biden Administration has put in place a series of sweeping sanctions and export controls affecting Russia, Ukraine, and Belarus. We summarize these actions and outline measures that U.S. and non-U.S. companies may consider to mitigate risk.
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The Biden Administration’s First Week of Sweeping Sanctions on Russia/Ukraine
As Russia’s invasion of Ukraine continues, we describe the past week’s U.S. government sanctions and export control actions against Russia, and the embargoes placed on the DNR and LNR regions in Ukraine; highlight the implications of these sanctions for U.S. and non-U.S. companies; and review considerations for mitigating risk.
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President Biden Sanctions So-called “People’s Republics” in Ukraine; Imposes “First Tranche” of Sanctions Targeting Russia
Our memo summarizes these actions and their implications for companies with exposure to Russia/Ukraine.
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Biden Administration Launches U.S. Strategy on Countering Corruption
The Biden administration recently issued the U.S. Strategy on Countering Corruption, which details an unprecedented government-wide approach to fighting corruption at home and abroad. The strategy brings together traditional anti-corruption enforcers, and departments and agencies less known for their role in addressing corruption, and calls for cooperation with foreign governmental, non-governmental and private sector partners.
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COVID-19 Update: President Biden Announces COVID-19 Vaccine Mandates and New York State Designates COVID-19 as an Airborne Infectious Disease Under the NY HERO Act, Triggering Employer Obligations
President Biden announced the new emergency rule.
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Executive Order on Competition Policy May Increase Regulation and Merger Enforcement
The President’s Executive Order on Promoting Competition in the American Economy invites federal agencies to implement or revise policies relating to mergers, intellectual property and labor and employment. It also calls for federal agencies to engage in competition-focused rulemaking concerning agriculture, air transportation, financial services, healthcare, railroads, maritime shipping, telecommunications and “platforms,” among other things.
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DOJ and FTC Will Review and May Update Merger Guidelines
In response to President Biden’s Executive Order on “Promoting Competition in the American Economy,” the DOJ and FTC announced that the agencies will review their jointly-issued Horizontal and Vertical Merger Guidelines. The two sets of guidelines are intended to explain the agencies’ analytical approach to mergers and are relied on by dealmakers and their advisors, and frequently cited by courts.
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President Biden Revamps Communist Chinese Military Companies (CCMC) Sanctions Program
President Biden recently issued an executive order revising and superseding President Trump’s 2020 executive order that created the “Communist Chinese Military Companies” (CCMC) sanctions program.
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President Biden Calls on Federal Government to Mitigate Climate-Related Financial Risk
President Biden recently issued an Executive Order on Climate-Related Financial Risk that calls on the federal government to take concrete steps to mitigate the growing physical and transition risks of climate change on the U.S. economy, workers and families. This client alert, part of a series focused on ESG disclosure and regulatory developments, highlights key aspects of the order.
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Biden Administration Imposes Significant Additional Sanctions Targeting Russia, including Expanded Prohibitions on U.S. Financial Institutions Dealing in Russian Sovereign Debt
President Biden recently issued an executive order empowering the Treasury Department to impose sanctions targeting Russian individuals and entities.
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President Biden Sets Out Ambitious American Jobs Plan with Significant Climate-Related Proposals
President Biden recently set out his administration’s ambitious approximately $2.25 trillion American Jobs Plan to create jobs, rebuild the country’s infrastructure, address the climate crisis and better position the country to compete with China. Our alert summarizes the climate-related aspects of the proposal.
Litigation, Regulatory & White Collar
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DOJ and FTC Will Review and May Update Merger Guidelines
In response to President Biden’s Executive Order on “Promoting Competition in the American Economy,” the DOJ and FTC announced that the agencies will review their jointly-issued Horizontal and Vertical Merger Guidelines. The two sets of guidelines are intended to explain the agencies’ analytical approach to mergers and are relied on by dealmakers and their advisors, and frequently cited by courts.
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Executive Order on Competition Policy May Increase Regulation and Merger Enforcement
The President’s Executive Order on Promoting Competition in the American Economy invites federal agencies to implement or revise policies relating to mergers, intellectual property and labor and employment. It also calls for federal agencies to engage in competition-focused rulemaking concerning agriculture, air transportation, financial services, healthcare, railroads, maritime shipping, telecommunications and “platforms,” among other things.
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President Biden Revamps Communist Chinese Military Companies (CCMC) Sanctions Program
President Biden recently issued an executive order revising and superseding President Trump’s 2020 executive order that created the “Communist Chinese Military Companies” (CCMC) sanctions program.
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Transition to the Biden Administration: Antitrust Enforcement in the Near Term
While President-elect Joe Biden has not yet named the officials who will oversee antitrust enforcement in his administration, the departure of Trump Administration political appointees may impact the trajectory and pace of the agencies’ activity in the coming months. In this, our first in a series examining expectations for antitrust enforcement in the Biden administration, we address several issues pertinent to the agencies’ structure and work in the near term.
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Biden Administration Imposes Significant Additional Sanctions Targeting Russia, including Expanded Prohibitions on U.S. Financial Institutions Dealing in Russian Sovereign Debt
President Biden recently issued an executive order empowering the Treasury Department to impose sanctions targeting Russian individuals and entities.
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Transition to the Biden Administration: FCPA Enforcement in the Near Term
While President Biden has promised a heightened focus on fighting corruption, it is not yet clear how FCPA enforcement may change in the next four years. In this alert, we consider how President Biden’s picks for top DOJ and SEC roles, and statements made during the 2020 campaign, may suggest a more aggressive anti-corruption enforcement approach. We also discuss some of the career officials serving in key FCPA enforcement roles, and highlight new and proposed enforcement tools that the DOJ and the SEC may turn to.
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The Coming Transformation of the CFPB in the Biden Administration: What to Expect and How to Prepare
Our memorandum discusses the key issue areas that will likely see heightened Director of the Consumer Financial Protection Bureau (CFPB) activity, and we outline ways CFPB-regulated entities can prepare.
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Lorin Reisner Publishes Op-Ed on the SEC as a Force For Progress in The Hill
Litigation partner Lorin Reisner published an op-ed in The Hill, “How the SEC Can Promote Economic Justice Beyond Shareholders.”
Events
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Paul, Weiss Presents Webinar on Biden Administration Policy and Regulatory Agenda
On November 17, Paul, Weiss hosted a webinar, “Transition to a Biden Administration: Strategies and Insights,” that offered insights into the likely policy, legislative and regulatory priorities of the new administration.
Guidance for Employers
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COVID-19 Update: OSHA Issues New COVID-19 Guidance as Directed by President Biden’s Executive Order
As directed by President Biden, the Occupational Safety and Health Administration (OSHA) has issued updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. The OSHA guidance includes recommendations on topics, such as vaccination, face coverings and leave policies, not explicitly addressed in the agency’s previous guidance.
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COVID-19 Update: President Biden Announces COVID-19 Vaccine Mandates and New York State Designates COVID-19 as an Airborne Infectious Disease Under the NY HERO Act, Triggering Employer Obligations
President Biden announced the new emergency rule.
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Transition to a Biden Administration: Recent Developments and the Continuing Debate Concerning Worker Classification
The DOL has announced a proposed rule to clarify the “economic reality” test for determining independent contractor status under the Fair Labor Standards Act (FLSA). However, President-elect Joseph Biden stated he would establish a federal standard modeled on the “ABC” test recently adopted by the California Supreme Court.
Tax
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Proposed Changes to the Estate and Gift Tax Laws
Although the details of the new administration's gift and estate tax proposals are currently limited and the final composition of the Senate remains uncertain, there are several items on the Democratic Party’s agenda that, if enacted, would profoundly impact estate planning strategies.
Restructuring, Finance & Transactions
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President Biden Sets Out Ambitious American Jobs Plan with Significant Climate-Related Proposals
President Biden recently set out his administration’s ambitious approximately $2.25 trillion American Jobs Plan to create jobs, rebuild the country’s infrastructure, address the climate crisis and better position the country to compete with China. Our alert summarizes the climate-related aspects of the proposal.
Investment Funds
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The Biden Administration: Considerations for Private Equity Firms and Portfolio Companies
This alert highlights potential changes and subsequent impacts on private equity firms in the areas of tax, international trade and crossborder M&A, antitrust, environmental, credit markets and SEC regulation and enforcement.